Multnomah County District Attorney Rod Underhill announced 42-year-old Jacob McGhee appeared before Multnomah County Circuit Court Judge Karin J. Immergut on November 16, 2018 and was sentenced to 15 years in prison after he pleaded guilty to a single count of manslaughter in the first degree following the death of Richard Whitmore.

This investigation started on November 7, 2017 at 11:24 p.m. when officers from the Portland Police Bureau responded to the intersection of Southeast 2nd Avenue and Southeast Morrison Street. Upon arrival, officers located Mr. Whitmore down on the ground suffering from a traumatic injury. Mr. Whitmore was transported to an area hospital where he later died.

During the investigation, law enforcement learned that McGhee, who went by the name of “Jai,” got into an altercation with Mr. Whitmore. The Oregon State Medical Examiner’s Office determined the cause of Mr. Whitmore’s death was a penetrating sharp force injury of the left chest.

“We must recognize the Central Precinct officers from the Portland Police Bureau who initially responded to this call. They got on scene and quickly launched an investigation and started talking with multiple witnesses to this incident.” Multnomah County Deputy District Attorney Todd Jackson said after court. “The officers learned that the suspect in this homicide used the name of ‘Jai’ and through their experience of patrolling inner-southeast, they were able to quickly identify Jacob McGhee as the suspect in this case.”

During the investigation, law enforcement collected surveillance video that captured this incident. The video corroborated witness reports that Mr. Whitmore was attempting to separate himself from the defendant.

This case was carefully resolved through a negotiated settlement after the District Attorney’s Office received mitigating evidence from defense counsel. Based on the facts of this case, this change of plea appropriately holds the defendant accountable for his unlawful actions. By pleading guilty to manslaughter in the first degree, the defendant is admitting that he recklessly, under circumstances manifesting extreme indifference to the value of human life, caused the death of Mr. Whitmore.

McGhee will receive credit for time already served but no other credit while in custody of the Oregon Department of Corrections. Upon his release, he will be on three years of post-prison supervision.

Vesther J.J. Brown found to be Guilty Except for Insanity, sentenced to Psychiatric Security Review Board

Multnomah County District Attorney Rod Underhill announced 21-year-old Vesther J.J. Brown appeared before Multnomah County Circuit Court Judge Nan Waller on November 14, 2018 and was found to be Guilty Except for Insanity (GEI).

Brown was committed to the Oregon State Hospital and placed under the jurisdiction of the Oregon Psychiatric Security Review Board (PSRB) for a time not to exceed 20 years.

For additional information on the PSRB, please click here to visit the State’s website.

At the Nov. 14, 2018 hearing, Brown waived his right to a jury trial. Instead, he agreed to a stipulated facts trial, which allowed both the State of Oregon and Brown’s criminal defense attorney to present exhibits to the judge to make a conviction determination. This was not a change of plea hearing.

Judge Waller, upon reviewing the exhibits, found Brown to be Guilty Except for Insanity on all 22 counts listed in the indictment, which can be obtained by clicking here. In her ruling, Judge Waller found Brown to be suffering from a qualifying mental disorder.

This investigation started on August 21, 2017 when officers assigned to the Portland Police Bureau responded to calls of a person being stabbed with a pen and reports of shots fired in the area of Southeast 162nd Avenue and Southeast Division Street. During this investigation law enforcement spoke with an individual who told them that he was driving and that the defendant was in the passenger seat of his vehicle. While the vehicle was in motion, Brown stabbed the driver, an acquaintance, with a pen in the neck.

As officers were conducting the initial assault investigation, they received information that shots had been fired from a nearby apartment complex. Law enforcement responded to the area and observed an apartment door ajar, blood in the apartment and a person who was bleeding and holding a towel over her chest wounds.

The female in the apartment told law enforcement that her brother, the defendant, shot her. The victim also reported that Brown shot his eight year old brother. Inside the apartment, law enforcement located evidence that multiple gunshots had been fired. Police learned that after the shooting, Brown fled the apartment in a blue truck with his younger brother who was suffering from a gunshot wound.

While the Portland Police Bureau continued to investigate the stabbing and shooting, the PPB Major Crash Team responded to the scene of an injury crash at Southeast 156th Avenue and Southeast Division Street. There, law enforcement found a van and a blue truck with extensive damage. According to previously filed court documents, based on the physical evidence collected by the Portland Police Bureau, the blue truck stuck the van from behind at high speed, potentially 55 miles per hour to 75 mph. Police determined there were eight people in the van at the time of impact.

Paramedics responded to the crash and Brown seen standing over his brother. The child was conscious but bleeding from his back and stomach. Police learned from the child that his brother, Brown, shot he and his sister.

At the crash scene, defendant told police that he had gun in his pocket, according to court documents. The officer recovered a.357 revolver. Law enforcement determined three of the five rounds had been fired.

This case was prosecuted by the Multnomah County District Attorney’s Multidisciplinary Child Abuse Team (CAT). MDT and CAT unit is responsible for reviewing and coordinating all child abuse and neglect cases in Multnomah County. To learn more about the MDT and CAT unit, click here.

Three suspects in the death of Jose Morales plead guilty, receive prison sentences (Photo) - 11/15/18

FOR IMMEDIATE RELEASE

NOVEMBER 15, 2018

Three suspects in the death of Jose Morales plead guilty, receive prison sentences

Today, Multnomah County District Attorney Rod Underhill announced that the three individuals involved with the homicide of Jose Morales were sentenced in Multnomah County Circuit Court.

Multnomah County Senior Deputy District Attorney David Hannon, who prosecuted this case, read an impact statement that was prepared by Mr. Morales’ mother.

“No one understands how difficult this has been for me. …I have to be strong for my children and haven't had the opportunity to grieve. …This whole process has been very painful and in fact, painful is too small of a word to describe the loss. …I was robbed of the opportunities to celebrate my son's accomplishments: to know my son as an adult, as an uncle, a father and as a husband."

Following the death of Mr. Morales, the Gresham Police Department and East Multnomah County Major Crimes Team arrested Cristian Martinez-Chavez, Isai Guzman-Ramirez, Francisco Martinez-Chavez and Obed Garcia-Antonio.

Law enforcement responded to the intersection of Southeast 187th Avenue and Southeast Stark Street on July 29, 2017 where they located Mr. Morales on the sidewalk suffering from a gunshot wound. At the scene, a single shell casing from a .22 caliber firearm was recovered.

During the initial investigation, detectives learned that a Gresham Police officer had conducted a traffic stop on a vehicle a few blocks from the homicide scene. According to previously filed court documents, the officer was on routine patrol when a vehicle passed him at a high rate of speed. The officer saw the driver of the vehicle blow through a stop sign. As the officer was conducting the traffic stop, he started hearing reports over his police radio about a shooting.

According to court documents, Garcia-Antonio was the driver of the vehicle stopped by law enforcement. Guzman-Ramirez was found in the front passenger seat. Cristian Martinez-Chavez was seated in the rear passenger seat. His brother, Francisco Martinez-Chavez, was seated behind the driver.

During the traffic stop, law enforcement recovered a .22 caliber rifle inside the vehicle, according to court documents.

The investigation revealed that the shooting stemmed from a fight that occurred earlier in the evening that involved Cristian Martinez-Chavez and Mr. Morales. Detectives learned that following the fight, all four suspects agreed to go to the residence of Guzman-Ramirez to obtain a firearm. According to court documents, upon obtaining the firearm, all four individuals got into a vehicle that was driven by Garcia-Antonio and returned to the area where the fight between Mr. Morales and Cristian Martinez-Chavez had occurred. The four individuals started looking for Mr. Morales.

Upon locating Mr. Morales, Cristian Martinez-Chavez fired a single round from the rifle, while the vehicle was in motion, and stuck Mr. Morales, which resulted in his death.

Cristian Martinez-Chavez, the shooter in this case, pleaded guilty to one count of manslaughter in the first degree with a firearm. He received a 16 year prison sentence.

Isai Guzman-Ramirez, the individual who obtained the firearm used to kill Mr. Morales, pleaded guilty to one count of manslaughter in the first degree. He received a 14 year prison sentence.

Obed Garcia-Antonio, the individual who drove the three other suspects, pleaded guilty to one count of manslaughter in the second degree. He received a 6 year, 3 month prison sentence.

The Multnomah County District Attorney’s Office would like to recognize the Gresham Police Department, Multnomah County Sheriff’s Office, the East Metro Gang Task Force, the East County Major Crimes Team, and the victim advocates from the District Attorney’s Office for their roles in bring justice to the family of Mr. Morales.

Today, Multnomah County District Attorney Rod Underhill announced 33-year-old Robert Moran-Vasquez received a 7.5 year prison sentence after he attacked a bus driver along Interstate 84 in East Multnomah County.

This investigation started on November 29, 2017 when the Multnomah County Sheriff’s Office responded to reports of a stabbing on a Greyhound bus that was traveling eastbound on I-84 near the exit for the Lewis and Clark State Recreation Site.

The driver of the bus, Mr. Clint Lawson, appeared before Multnomah County Circuit Court Judge Gregory F. Silver on November 14, 2018 for Moran-Vasquez’s change of plea and sentencing hearing.

“I had a good career before the dreadful night of November 29, 2017 when Mr. Moran-Vasquez decided to try and crash the bus that I was driving with 28 passengers on board and then stabbed me in the neck causing my career to come to a halt at that time,” Mr. Lawson said in his victim impact statement, which was read by the Multnomah County District Attorney’s Office.

Lawson’s statement included, “Yes, Mr. Moran-Vasquez brought me and my wife to our knees, but with God’s grace, we will rebound and restart. I am very grateful to God for giving me the strength to bring that bus to a safe stop, saving those 28 other people from harm.”

"This case has two other heroes,” Multnomah County Senior Deputy District Attorney David Hannon said in court.

SDDA Hannon credited Mr. Stephen Danca who was a passenger on the bus when the attack started. Mr. Danca suffered injuries trying to wrestle the defendant away from Mr. Lawson.

Mr. John Owens was also recognized for the steps he took to aid Mr. Lawson and Mr. Danca.

“Mr. Owens came charging in just like Mr. Danca did to protect and defend Mr. Lawson as well as the 28 other people on that bus,” SDDA Hannon said in court. "Those three people saved lives…and this could have gone much worse."

The investigation revealed that while the bus was in motion, Moran-Vasquez approach Mr. Lawson and demanded that he pull over. When Mr. Lawson refused, Moran-Vasquez threatened to kill Mr. Lawson. Witnesses told detectives that Moran-Vasquez grabbed the steering wheel and tried to drive the bus off the road during the attack.

According to previously filed court documents, during an interview with law enforcement, Moran-Vasquez admitted he was under the influence of methamphetamine at the time of the attack and that he had a warrant out for his arrest.

Through the Multnomah County District Attorney’s Office’s Victim Assistance Program, Mr. Lawson’s wife said it has been “horrifying” to watch her husband experience the trauma and impact of what happened to him.

“Their lives have been changed forever and the future they planned together has been completely altered,” SDDA Hannon said in court. “It has been a challenging and difficult road for them.”

Moran-Vasquez pleaded guilty to two counts of assault in the second degree, one count of attempted assault in the second degree and two counts of recklessly endangering another person. Upon his release from prison, he will be on three years of post-prison supervision.

The Multnomah County District Attorney’s Office would like to thank the East Multnomah County Major Crimes Team, the Gresham Police Department and the Multnomah County Sheriff’s Office, and the victim advocates who worked on this case.

Man sentenced to jail, probation after DUII crash injures two law enforcement officers

Today, Multnomah County District Attorney Rod Underhill announced 54-year-old Ken Neely received a jail and probation sentence for the vehicular assault of two officers assigned to the Portland Police Bureau.

On October 23, 2018, Neely pleaded guilty to two counts of felony assault in the third degree and one count of driving under the influence of intoxicants. On November 14, 2018, he was sentenced to 36 months of probation and 20 days in jail. The judge ordered that he make a payment of $8,675.45 in restitution. As part of his sentence, Neely will have his driver’s license revoked for five years.

This investigation started on January 13, 2018 when law enforcement responded to reports of a disabled vehicle on northbound Interstate 5, just south of the Interstate Bridge. The vehicle was reported to be a hazard to other drivers because it was blocking the right lane of traffic. Additionally, as officers were responding, they learned the driver may have been impaired.

When law enforcement arrived, they took the driver into custody. As police were waiting for a tow truck to arrive on scene, another driver, Neely, crashed into one of the police patrol vehicles, injuring Officer Kimberly Adams who was inside her patrol vehicle and Sgt. Nick Newby who was outside his patrol vehicle.

According to previously filed court documents, Sgt. Newby reported that he was walking behind his vehicle to put out several flares to help direct traffic. Both Sgt. Newby and Officer Adams had their overhead emergency lights activated. Sgt. Newby also had his amber lights on informing traffic to move to the left.

“Sgt. Newby saw Ken Neely’s vehicle coming right for them so he moved as fast as he could in an attempt to get over the jersey barrier,” Multnomah County Deputy District Attorney Nicole Jergovic said. “The defendant’s vehicle hit Sgt. Newby and nearly pinned him against the jersey barrier. Sgt. Newby's decision to turn his patrol vehicle’s steering wheel all the way to the left when he parked prevented this from being a more serious crash. Had he not done that maneuver, his patrol vehicle would have launched straight into the two officers.”

Other law enforcement officers responded to the scene to assist the two injured officers and to conduct a crash investigation. During that investigation, officers spoke with the defendant and noticed that he had thick and slurred speech and that his responses were slow and that they could smell an odor of alcohol. Approximately 90 minutes after the crash, Neely provided a breath sample with a blood alcohol content (BAC) of .07%. Based on dissipation rates, it is estimated that the defendant's BAC was likely .09% at the time of the crash.

“We are thankful that neither police officer in this case was critically injured,” Jergovic said after court. “This incident shows what could happen if someone chooses to drive while impaired. It also serves as a reminder for all other drivers that when you see emergency vehicles on the side of the road, you must abide by Oregon’s move over law.”

Today, Multnomah County District Attorney Rod Underhill announced 49-year-old Chanh Tran received a 30 month prison sentence after he pleaded guilty in a Sexual Assault Kit Backlog Elimination Project case.

“The plea in this case was reached with all parties, including the victim, being in agreement as to the resolution of this case,” Multnomah County Deputy District Attorney Tara Gardner, who prosecuted this case, said after sentencing. “I know the victim is appreciative that this case is finally resolving, without the re-traumatization of trial, and that the defendant is taking responsibility for his actions, which had a significant impact on her life.”

The Portland Police Bureau’s Sex Crimes Unit released the following statement: “Investigators with the Portland Police Bureau are pleased with the fifth conviction related to cases identified as part of the Sexual Assault Kit Initiative (SAKI). We continue to work diligently to bring more cases forward. Investigators are grateful for the willingness of the victims, their families, witnesses and others with case knowledge to help bring closure to cases where justice has been delayed.”

On November 8, 2018, Tran pleaded guilty to one count of rape in the third degree and sodomy in the third degree.

The initial investigation began on September 26, 2012, when Portland Police responded to a motel in the 2600 block of Northeast 82nd Avenue in Portland Oregon on a report of a female found hiding in a vacant motel room.

The investigation revealed that Tran and the victim did not know each other prior to September 25, 2012 when the defendant had sexual contact with the victim, who was a minor at the time, in Southeast Portland.

As part of the initial investigation, a Sexual Assault Forensic Examination (SAFE) kit was collected the day the sexual assault was reported. The SAFE kit was tested in 2016 using grant funding provided by the District Attorney’s Office of New York. A profile was entered into the Combined DNA Index System (CODIS) and matched on July 10, 2017 to Tran. The Portland Police Bureau’s Sex Crimes Unit contacted the victim and conducted investigative follow up on the case, which resulted in a grand jury returning an indictment.

The victim in this case has requested privacy and does not want media contact.

Sexual Assault Kit Backlog Elimination Project

In 2015, Multnomah County District Attorney Rod Underhill, along with the Portland Police Bureau, Gresham Police Department, Multnomah County Sheriff’s Office and the Oregon State Police Forensic Laboratory collaboratively initiated a project to process thousands of untested Sexual Assault Forensic Evidence (SAFE) kits in Multnomah, Marion and Lane counties.

DANY awarded the Multnomah County District Attorney’s Office a total of $1,995,453 in September 2015. Using those funds, a coordinated effort involving local law enforcement and the Oregon State Police was launched to send SAFE kits, dated 2014 or older from Multnomah, Lane and Marion counties, to a private lab in Utah for testing.

In early 2018, an additional 302 SAFE kits from 13 other Oregon counties were sent to the lab using funds from the DANY grant. In total, nearly 3,000 SAFE kits from Oregon were sent to be tested. As of September 2018, all of the SAFE kits identified under the DANY grant, have been tested.

In Oregon, Senate Bill 1571, known as "Melissa's Law," was the Oregon Legislature's response to ensuring all sexual assault kits, except for anonymous kits, are sent to the Oregon State Crime Laboratory for timely testing.

The Portland Police Bureau implemented a full submission policy in February 2015 that mandates every SAFE kit, with the exception of anonymous kits, be sent to the OSP Forensic laboratory.

Results from the kits continue to be investigated and survivors of sexual assaults are being notified through the Rose Project. The PPB Sex Crimes Unit, a victim-centered and trauma-informed detail, encourages those who have had a SAFE kit collected prior to 2015 to contact the oseproject@portlandoregon.gov">roseproject@portlandoregon.gov or 503-823-0125.

Current Multnomah County SAFE kit criminal cases (as of November 14, 2018)

Today, Multnomah County District Attorney Rod Underhill announced a 14-count secret indictment was unsealed following the arraignment of 37-year-old Alexander Anderson.

The indictment charges the defendant with six counts of kidnapping in the first degree, two counts of strangulation, two counts assault in the fourth degree, two counts of sexual abuse in the first degree and one count each of sodomy in the first degree and coercion.

This criminal investigation started in late March 2017 when a woman reported to the Portland Police Bureau that she had been sexually assaulted by a man she did not previously know at his place of business.

The indictment alleges that Anderson unlawfully and knowingly, without the victim’s consent, took her from one place to another, secretly confined her in that location where he terrorized her, caused her physical injury and forced her to engage in unwanted sex acts. During the kidnapping, the indictment alleges Anderson strangled the victim by choking her throat and neck and also blocking her nose and mouth.

On November 7, 2018, at approximately 10 a.m., the Portland Police Bureau arrested Anderson in the 8900 block of Northeast Vancouver Way.

On November 8, 2018, Anderson appeared before Multnomah County Circuit Court Judge John A. Wittmayer and was arraigned on the indictment. Anderson pleaded not guilty to all charges. His next court date is tentatively scheduled for December 21, 2018.

An indictment is only an accusation of a crime, and the defendant is presumed innocent unless and until proven guilty.

“This report is critically important as it provides us, and our system partners, with a deeper understanding of what must be done to continuously improve the condition and management of the four correctional facilities housed in our jurisdiction,” said Multnomah County District Attorney Rod Underhill. “This report highlights the pre-trial programs that divert people to treatment instead of jail incarceration. I want to express my deep gratitude to the seven community members who served on this grand jury. Their report gives all of us in the criminal justice system understanding of the state of the correctional facilities in Multnomah County.”

Under Oregon law, at least once yearly, a Corrections Grand Jury shall convene to review the condition and management of every correctional facility and youth correctional facility in each Oregon county.

“The consistent theme and biggest challenge across all facilities and stated by nearly all stakeholders is the mental health crisis. The majority of inmates in the system increasingly have chronic mental health issues, medication needs, and/or substance abuse issues. All stakeholders agreed that jails are not the appropriate location for most of this population, and many should actually be in a clinical setting,” the 2018 Multnomah County Corrections Grand Jury Executive Summary states in part.

Click here to review the full Executive Summary to the 2018 Multnomah County Corrections Grand Jury report.

Mental Health, pre-trial diversion programs, staffing, capacity concerns and emergency population release were the five areas of particular importance for the 2018 Multnomah County Corrections Grand Jury and were subsequently identified in the report as key findings.

The 2018 Multnomah County Corrections Grand Jury was provided access to more than 50 witnesses, any applicable public record that they requested and on-site visits to the following locations:

Today, Multnomah County District Attorney Rod Underhill announced 36-year-old Timothy Beasley received a 15 year prison sentence for the June 26, 2017 stabbing of a woman in the Sunnyside neighborhood of Portland, Oregon.

"This case involves extreme violence and the victim in the case is going to have to live with her injuries for the rest of her life, both the physical injuries and emotional injuries caused by Mr. Beasley,” Multnomah County Deputy District Attorney Todd Jackson said after sentencing. “The sentencing recommendation for this case was achieved with the victim’s input and support."

Multnomah County Circuit Court Judge Karin J. Immergut sentenced Beasley to a total of 15 years in prison, pursuant to Ballot Measure 11. Beasley pleaded no contest to one count each of attempted murder and robbery in the first degree.

"I think the resolution is fair under the circumstances,” Judge Immergut said in court as she imposed the sentence. “This case did involve brutality that I don’t see in all my cases so that is very concerning and deserving of a significant sentence."

According to court documents, on June 26, 2017, officers assigned to the Portland Police Bureau responded to the 3300 block of Southeast Taylor Street and located a woman on the sidewalk in a pool of blood suffering from what appeared to be multiple stab wounds. While processing the crime scene, officers located a knife with blood and hair on it. They also found a broken wine bottle near the victim’s body and additional evidence at the crime scene that linked Beasley to this offense.

During the investigation, detectives assigned to the Portland Police Bureau’s Assault Unit learned that the victim was at the Belmont Inn. Around closing time, the victim was outside speaking with a person, later identified as the defendant, who she knew was employed as a security guard for the Belmont Inn. Law enforcement learned that Beasley was not working the night of the assault but was still at the establishment. Beasley and the victim began walking towards a nearby park when she reported the assailant started hitting her head into the sidewalk. Multiple people provided aid after the victim called out for help, including one man who said he was home and heard what sounded like an "animal fight" coming from the sidewalk. He went out, yelled and saw a subject, later identified as Beasley, immediately run away.

Medical staff at Oregon Health & Sciences University (OHSU) told detectives that the victim had suffered at least 20 separate stab and cut injuries to her face, head, neck and upper body as a result of the assault. Law enforcement was able to immediately identify Beasley as the offender in this attack. A search warrant was obtained for Beasley’s residence. As detectives were executing the search warrant, they located blood droplets on the ground at Beasley's residence leading up to the front porch. Detectives later returned to the crime scene and observed a trail of blood drops at Southeast Salmon Street between Southeast 30th Avenue & Southeast 35th Avenue, which was the suspect's path of flight, based on a witness observation. They also the victim’s property that Beasley discarded after committing the robbery.

Beasley was ordered by Judge Immergut to pay a total of $8,512 in restitution. Upon his release from prison, he will be on three years of post-prison supervision.

Today, Multnomah County District Attorney Rod Underhill announced 50-year-old Thomas Dorris was sentenced to 17 years in prison for the June 19, 2016 shooting in downtown Portland that resulted in Mr. Chester Newborn being killed and another person being wounded by gunfire.

"I have heard the saying, 'a man is not dead while his name is still spoken.' So I will speak his name daily,” Mr. Newborn’s sister said in court on Thursday. “I will write his name in the sand on the beaches so he can be with the ocean that he loved so very much. I will tell his jokes. When I see someone do something that reminds me of him, I will make sure to let them know and tell them just how wonderful he was. I will make sure he lives on breathing through me in every possible way that I can. I will continue to say his name. Chester “Chaz” Eugene Newborn."

Other family members spoke at sentencing and remembered Mr. Newborn as being the most outgoing, fun-loving and easy-going person in the family. His niece told the defendant that his actions on June 19, 2016 resulted in an uncle, father, brother and cousin being taken away.

"There can never be true justice for the cowardly and evil act of taking someone's life. The only satisfaction that this sentence has given me is the hope that you will never have the opportunity to inflict the harm and the pain that you have inflicted upon our family onto another family,” she said.

This investigation began on June 19, 2016 when officers assigned to the Portland Police Bureau responded to the intersection of Northwest 4th Avenue and Northwest Davis Street after receiving information about a shooting. Upon arrival, law enforcement could hear a female screaming in pain. Witnesses told police that two people had been wounded, including Mr. Newborn. The Oregon State Medical Examiner’s Office determined Mr. Newborn died as a result of a gunshot wound and ruled his death to be a homicide. The other victim, an adult female, sustained a gunshot injury to her right leg.

After the shooting, law enforcement spoke with witnesses who reported hearing multiple gunshots followed by a man, later identified as Dorris, running into the road with a firearm. Shortly after entering a nearby gas station, law enforcement took Dorris into custody. Upon his arrest, police found an empty pistol holder on Dorris and a black Sig Sauer P250, 9 mm automatic pistol sitting on the counter next to the cash register.

On October 12, 2018, Dorris appeared before Multnomah County Circuit Court Judge Eric J. Bergstrom and pleaded guilty to one count of manslaughter in the first degree, one count of assault in the third degree and one count of being a felon in possession of a firearm.

Upon his release from prison, he will be on three years of post-prison supervision.

Today, Multnomah County District Attorney Rod Underhill announced 67-year-old Jihad Eldeen Moore Jr. was found guilty of two counts of rape in the first degree and one count of sodomy in the first degree stemming from an incident that happened on June 14, 1996.

Multnomah County Circuit Court Judge Thomas M. Ryan presided over the trial, which started on October 29, 2018. He announced his verdict on October 31, 2018.

At trial, the Multnomah County District Attorney’s Office presented evidence that showed this stranger-on-stranger incident occurred in Tom McCall Waterfront Park in downtown Portland.

"He deliberately targeted her, lured her to an isolated area and once she was seated on the ground, his assault was immediate and brutal,” Multnomah County Deputy District Attorney Tara Gardner said during closing arguments. "He told [the victim] to walk three paces and…as she walked those three paces, she thought [the defendant] was going to shoot her."

Evidence presented at trial showed that the victim made a report to medical professional and law enforcement on June 14, 1996.

In 2015, the Multnomah County District Attorney’s Office sought, and was awarded, a grant from the District Attorney’s Office of New York (“DANY Grant”) to test previously untested sexual assault kits.

The PPB SAKI workgroup continues to advocate and diligently investigate results from SAFE kits that have been tested under the DANY Grant.

Moore is scheduled to be sentenced on December 14, 2018 at 9 a.m. before Judge Ryan.

The victim in this case does not wish to be contacted by members of the media and is requesting privacy. However, upon learning of the guilty verdict, she released the following statement and requested that the Multnomah County District Attorney’s Office distribute it to the public.

“I never thought this day would come. It would have been better for everyone had the kit been tested years ago. It is hard to re-live this so many years later, but justice is finally served. It certainly lets others know that no matter how long it has been, you have to own your actions and pay for what you have done. I do feel sorry for Mr. Moore’s family and mine. This has been hard on all of us, but I am happy to have closure and to help others have the confidence to report rapes and/or sexual abuse.”

Sexual Assault Kit Backlog Elimination Project

In 2015, Multnomah County District Attorney Rod Underhill, along with the Portland Police Bureau, Gresham Police Department, Multnomah County Sheriff’s Office and the Oregon State Police Forensic Laboratory collaboratively initiated a project to process thousands of untested Sexual Assault Forensic Evidence (SAFE) kits in Multnomah, Marion and Lane counties.

DANY awarded the Multnomah County District Attorney’s Office a total of $1,995,453 in September 2015. Using those funds, a coordinated effort involving local law enforcement and the Oregon State Police was launched to send SAFE kits, dated 2014 or older from Multnomah, Lane and Marion counties, to a private lab in Utah for testing.

In early 2018, an additional 302 SAFE kits from 13 other Oregon counties were sent to the lab using funds from the DANY grant. In total, nearly 3,000 SAFE kits from Oregon were sent to be tested. As of September 2018, all of the SAFE kits identified under the DANY grant, have been submitted for testing.

In Oregon, Senate Bill 1571, known as "Melissa's Law," was the Oregon Legislature's response to ensuring all sexual assault kits, except for anonymous kits, are sent to the Oregon State Crime Laboratory for timely testing.

The Portland Police Bureau implemented a full submission policy in February 2015 that mandates every SAFE kit, with the exception of anonymous kits, be sent to the OSP Forensic laboratory.

Results from the kits continue to be investigated and survivors of sexual assaults are being notified through the Rose Project. The PPB Sex Crimes Unit, a victim-centered and trauma-informed detail, encourages those who have had a SAFE kit collected prior to 2015 to contact the oseproject@portlandoregon.gov">roseproject@portlandoregon.gov or 503-823-0125.

Current Multnomah County SAFE kit criminal cases (as of October 31, 2018)

Today, Multnomah County District Attorney Rod Underhill announced that upon the conclusion of testimony in a two day hearing, a grand jury returned a not true bill regarding the use of force by two Portland Police Bureau (PPB) officers that resulted in the death of 27-year-old Patrick Kimmons.

The grand jury’s not true bill decision means they have determined no criminal prosecution is warranted, and that the use of deadly force against Mr. Kimmons by PPB Sergeant Garry Britt and Officer Jeffrey Livingston was a lawful act of self-defense and/or defense of a third person, pursuant to Oregon law.

This investigation began on Sunday, September 30, 2018, following the report of an officer-involved shooting. A copy of the information previously released in this case from the Portland Police Bureau can be obtained by clicking here and scrolling to the middle of the webpage.

The grand jurors who reviewed this case are Multnomah County community members. Each grand juror was selected by Multnomah County’s Chief Criminal Judge from the regularly scheduled empaneled grand jury. This is a process set by Oregon’s Constitution.

Like in the past, the grand jury proceedings in this case were recorded, in accordance to ORS 132.260.

Pursuant to ORS.132.270, the Multnomah County District Attorney’s Office will file a motion today with the court to release a transcript of the grand jury proceedings. Sgt. Britt, Officer Livingston, or either of their attorneys have 10 days, upon the State filing its request, to move the court for a protective order regarding the release of the transcript or a portion of the transcript.

It shall be up to the Multnomah County Circuit Court Presiding Judge to determine if the motion to release the transcript will be granted.

The Multnomah County District Attorney’s Office cannot comment any further on this case.

Today, Multnomah County District Attorney Rod Underhill announced 59-year-old Timothy Cato was charged in connection with the homicide of 28-year-old Tyler Chism.

On October 25, 2018, shortly after 2 a.m., officers assigned to the Portland Police Bureau responded to the area of Northwest 3rd Avenue and Northwest Everett Street on the report of a stabbing, according to a probable cause affidavit that was filed in this case. Upon arrival, law enforcement located Mr. Chism on the ground suffering from an apparent stab wound. Medical personnel responded to the scene and pronounced Mr. Chism deceased. An autopsy performed by the Oregon State Medical Examiner’s Office determined the cause of death to be a stab wound to the chest.

Detectives assigned to the Portland Police Bureau’s Homicide Detail learned that Mr. Chism and his girlfriend had been in an argument when they were approached by a male and female. The argument ended when the male, identified as "Tim," suddenly pulled a sword from his cane and stabbed Mr. Chism once in the chest, according to the probable cause affidavit. The male, later identified as Cato, put the sword back in his cane and walked away, while using the cane for assistance.

Surveillance video from the incident was collected as evidence. Law enforcement executed a search warrant at Cato’s residence on October 26, 2018 and took the defendant into custody. The sword cane used to stab Mr. Chism was located at the defendant's residence, according to the probable cause affidavit.

Cato is charged with one count of murder and one count of unlawful use of a weapon. He appeared before Multnomah County Circuit Court Judge Melvin Oden-Orr on October 29, 2018. He was appointed a criminal defense attorney and pleas of not guilty were entered on his behalf.

The defendant’s next court date is scheduled for November 6, 2018 at 9:30 a.m. at the Multnomah County Justice Center, Courtroom 3. A copy of the charging document and probable cause affidavit can be obtained using case number 18CR71865 in the Oregon eCourt Information (OECI) system.

A charging document is only an accusation of a crime, and the defendant is presumed innocent unless and until proven guilty.

At this time, the Multnomah County District Attorney’s Office will have no additional statements regarding this ongoing criminal investigation.

The family of Mr. Chism is requesting privacy at this time. His parents, Mark and Heather Chism, have provided the District Attorney’s Office with a statement and a photograph of their son that we are releasing on their behalf.

“Our hearts are broken with the loss of our son. Tyler was a person with disabilities that resulted in many life challenges. He also was a person with gifts of creativity and passion, inspired by art and music. His death seems so senseless. We are deeply grateful for the work of the Portland Police Bureau in identifying the person responsible for his death and their efforts to bring him to justice."

Multnomah County District Attorney Rod Underhill announced that on October 26, 2018, Tamir Smith, 22, received an eight year prison sentence following a human sex trafficking investigation that was conducted by the Portland Police Bureau.

“This sentence demonstrates the commitment we have towards aggressively prosecuting those who traffic victims to sex buyers, reducing demand for exploitation in all forms to include a dedicated focus on a reduction of sex buyers and ensuring adequate protection and support for victims of human trafficking,” said Multnomah County District Attorney Mike Botthof, who prosecuted this case and who is assigned to the Human Trafficking Team within the District Attorney’s Office. “The trauma, both physical and emotional, Tamir Smith inflicted upon this victim will be forever lasting. Unfortunately, the severe violence along with the manipulation we saw in this case is all too common in the human sex trafficking industry.”

On September 7, 2018, Smith appeared before Multnomah County Circuit Court Judge Jerry B. Hodson and pleaded guilty to one count of assault in the second degree, one count of tampering with a witness and two counts of promoting prostitution.

This investigation began on February 3, 2018 when patrol officers assigned to the Portland Police Bureau responded to a residence near Rocky Butte Park on the reports of a disturbance. During this investigation, law enforcement learned the victim had been forced into human sex trafficking. The investigation revealed that Smith had the victim working at multiple strip clubs to find individuals who would pay for sex. Law enforcement also learned Smith assaulted the victim on multiple occasions. One of the most serious assault occurred the day Smith was arrested.

Court documents state that Smith used a rock to hit the victim in the head approximately seven times and called her derogatory names while she fell to the ground. Witnesses who spoke with police reported Smith then began slamming her head into the street where he punched the victim repeatedly.

The investigation also revealed that Smith took the victim to California in November of 2017 for her birthday. While there, Smith began to support and facilitate commercial sex acts. Law enforcement learned Smith posted advertisements on Backpage.com. In one instance, the victim made several thousands of dollars after performing sex acts at the direction of Smith. Law enforcement learned Smith received all of the money. Upon returning to Oregon, the victim was directed by Smith to continue to engage in acts of human sex trafficking. Smith posted additional advertisements on Backpage.com and continued to have the victim work as a dancer at several strip clubs.

In early December 2017, Smith became upset with the victim because she reportedly did not make enough money and was unwilling to wait for additional sex buyers. The investigation revealed Smith stopped the vehicle he and the victim were traveling in, threatened to kill her, and choked her for about seven seconds. During this time, the victim was unable to breathe.

The Multnomah County District Attorney’s Office Human Trafficking Team recognizes sex trafficking is not isolated to one socioeconomic group. The Multnomah County District Attorney’s Office Human Trafficking Team includes two attorneys, an investigator and a victim advocate. Additionally, an attorney assigned to the MCDA gang unit is available to help prosecute cases and support the team as trafficking routinely intersects with gang violence. The MCDA Human Trafficking Team works closely with the Multnomah County Sheriff’s Office, Portland Police Bureau’s Sex Trafficking Unit and the Federal Bureau of Investigation.

If you are, or know of a child or an adult, involved in sex trafficking in immediate danger, please call 9-1-1.

Today, Multnomah County District Attorney Rod Underhill announced 41-year-old Noah James Wilson was arraigned on a two count indictment that alleges he caused serious physical injury to an officer assigned to the Portland Police Bureau.

Wilson is charged with one count of assault in the second degree and one count of assaulting a public safety officer.

In court documents, it is alleged that on October 17, 2018, Portland Police Officer Bridget Sickon was performing her official duties as an officer assigned to the Portland Police Bureau’s Sex Offender Registration Detail when the defendant entered the same room as her and without explanation or warning started to attack her.

When the alleged attack occurred, Officer Sickon was at the Portland Police Bureau’s Southeast Precinct. She was meeting with individuals who are required to update their sex offender registration information.

A probable cause affidavit states that during the attack, Wilson punched Officer Sickon multiple times in the face and head. As a result of the incident, Officer Sickon suffered serious physical injuries and was treated at an area hospital. Law enforcement took Wilson into custody without incident.

Wilson appeared before Multnomah County Circuit Court Judge Melvin Oden-Orr on October 25, 2018 and was arraigned on the indictment. Pleas of not guilty were entered on Wilson’s behalf by his court appointed attorney.

The next court date scheduled in this matter will be held on December 7, 2018. A copy of the probable cause affidavit and indictment can be obtained using case number 18CR69400 in the Oregon eCourt Information (OECI) system.

An indictment is only an accusation of a crime, and the defendant is presumed innocent unless and until proven guilty.

Today, Multnomah County District Attorney Rod Underhill announced that 35-year-old Katie Ann Baca, of Beaverton, Oregon, was arraigned on a 30-count indictment that alleges she stole more than $300,000 from her former employer.

The indictment, which was filed on October 23, 2018, charges Baca with 11 counts of aggravated theft in the first degree, 11 counts of aggravated identity theft, four counts of theft in the first degree and four counts of identity theft.

The Portland Police Bureau’s White Collar Crimes Unit is leading this investigation.

Baca was employed by a private holding company operating in Multnomah County, and while in that position, she is accused of using multiple credit cards to make personal purchases that included airline tickets, family vacations, and everyday items such as food and clothing, according to PPB Detective ElizabethCruthers, the primary detective on the case. During the investigation, law enforcement identified a total of five credit cards that Baca allegedly used to commit the unauthorized purchases. Baca was hired in June 2015 and subsequently terminated in February 2017.

Baca appeared before Multnomah County Circuit Court Judge Melvin Oden-Orr on October 24, 2018. She was arraigned on the indictment and her privately retained criminal defense attorney entered pleas of not guilty on her behalf.

The next court date scheduled in this matter is December 11, 2018.

The Multnomah County District Attorney’s Office and Portland Police Bureau's White Collar Crimes Unit are advocating that all organizations take preventive measures to limit their exposure to potential embezzlement. Furthermore, any organization that suspects the intentional misuse or misappropriation of funds or property by an employee should report those suspicions to law enforcement immediately.

The victim in this case does not wish to make any media statements.

An indictment is only an accusation of a crime, and the defendant is presumed innocent unless and until proven guilty.

Former Benson High School coach charged with two counts of harassment involving female students - 10/23/18

FOR IMMEDIATE RELEASE

OCTOBER 23, 2018

Former Benson High School coach charged with two counts of harassment involving female students

Today, Multnomah County District Attorney Rod Underhill announced 46-year-old Leon Donald McKenzie III was arraigned on an indictment that charges him with two counts of harassment.

McKenzie III is accused of unlawfully and intentionally harassing two minor females by subjecting them to offensive physical contact in 2017 and 2018, according to the indictment, which was returned by a grand jury earlier this month.

On October 22, 2018, McKenzie III turned himself into the Multnomah County Sheriff’s Office at the Multnomah County Circuit Courthouse.

McKenzie III appeared before Multnomah County Circuit Court Judge Marilyn E. Litzenberger on October 23, 2018 at the Multnomah County Justice Center where he was arraigned. McKenzie III was appointed a criminal defense attorney and a plea of not guilty was entered on his behalf. The next court date scheduled in this matter is November 30, 2018.

This investigation began earlier this year when the Benson High School principal contacted the Portland Police Bureau’s Youth Services Division (YSD) about potential misconduct allegations involving McKenzie III. At that time, McKenzie III was an athletic coach at the high school. Detectives assigned to the Portland Police Bureau’s Family Services Division and Sex Crimes Unit were asked to conduct investigative follow up on the allegations.

Due to the fact that this remains on ongoing criminal investigation, no additional information can be released by the Multnomah County District Attorney’s Office. Members of the media with questions regarding the defendant’s time with Portland Public Schools may contact Harry Esteve, PPS Director of Strategic Communications & Outreach.

No probable cause statement was filed in this case. The District Attorney’s Office is requesting that media refrain from posting the charging document filed in this case as it includes the identities of underage individuals.

Multnomah County District Attorney Rod Underhill announced 21-year-old Austin Brown received a 20 year prison sentence on October 12, 2018 after he pleaded guilty to one count of manslaughter in the first degree with a firearm and robbery in the first degree involving the death of Alexander Brodigan.

At the sentencing hearing, the family of the homicide victim, Alexander Brodigan, 24, described him as being someone who loved the people in his life and cherished the time he spent with them.

“Alex was my son and in addition to being my son, Alex was also a brother, an uncle, a grandson, a great grandson, a cousin, a nephew, and a friend to many people,” his father Kerry Brodigan said in court. “There have been many sleepless nights and long days of sadness. Feelings of anger, frustration and sadness have become normal occurrences. …No one expects to have to endure the death of a child -- especially a death caused by malicious disregard for human life.”

This investigation began on June 19, 2017 when Mr. Brodigan was shot and killed at North Gresham Elementary School, located at 1001 Southeast 217th Avenue in Gresham, Oregon. Upon arriving at the school, Gresham Police located a vehicle crashed into an exterior wall. Mr. Brodigan was located inside the vehicle deceased as a result of a gunshot wound. Law enforcement responded with a K-9 unit and during a search of the area located Brown, Andrew McMahon and other individuals at a nearby residence. During this investigation, law enforcement learned that Brown and McMahon planned to rob Mr. Brodigan upon his arrival at the school. Law enforcement learned that Brown and McMahon brought a loaded 9mm semi-automatic pistol to the school and that when he and McMahon confronted Mr. Brodigan, Brown fired a single round that caused Mr. Brodigan’s death.

“Austin Brown killed my son,” Mr. Kerry Brodigan said. “He had no right to take him from us. He did so without regard for Alex or the people who would be affected by his actions. …It is my hope that Mr. Brown gets the help that he needs and perhaps someday he can atone for his actions. I hope to be able to forgive Mr. Brown someday for what he did and the pain that he's caused our family. For now, we will continue to grieve and remember Alex as he was."

Mr. Brodigan’s mother said her entire family received a life sentence the day Brown and McMahon went to the school to rob, and ultimately kill, her son.

“We will persevere and we will bounce back,” she said. “Austin, you have a second chance. Do something good with it. Do something measureable.”

Multnomah County Deputy District Attorney Todd Jackson, who prosecuted this case along with Senior Deputy District Attorney Tom Cleary said in court, “this has been a tremendous loss for them and an impact on their family that they will have for the rest of their lives.”

Judge Eric J. Bergstrom sentenced Brown to 20 years in prison.

Brown apologized in court and said, “It was a terrible accident and I didn’t do that on purpose. I wish I could take it back. ...If I could take it back, I would. I'm very sorry and hope you guys can forgive me."

Brown’s co-defendant in this case, Andrew McMahon, who participated in the robbery but did not shoot Mr. Brodigan, previously pleaded guilty to one count of manslaughter in the first degree and attempted robbery in the first degree. The final sentencing date has not been set.